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HomeMy WebLinkAboutMin - CC - 1996.07.01BI.]RLINGAME, CALIFORNIA July 1, 1996 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:00 p.m. by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by John Fallon, father of Olympic rower Catriona Fallon. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of June 3, 1996 were revised on page 4 by Vice Mayor O'Mahony to show Mr. O'Connor not Mr. O'Hara spoke regarding Poppy. The minutes of the Study Meeting of June 5, 1996 were revised on page 2 to show Mayor Harrison mentioned a "program similar to work furlough crews for cleaning" and "council indicated no ehanges questions in budgets reviewed by Councilwoman Knight. " After the revisions the minutes were approved unanimously. APPEAL CONTINUED TO SEPTEMBER 3 FOR CONDOMINIUM AT 107-121 EL CAMINO Vice Mayor O'Mahony moved to continue the appeal hearing until September 3 as requested by the appellant. Seconded by Councilwoman Janney and carried unanimously 5-0. PUBLIC HEARING - ORDINANCE 1548 - EXTENDING URGENCY ORDINANCE 1544 PROHIBITING ISSUANCE OF BUILDING PERMITS OR DEMOLITION PERMITS FOR MULTIPLE SUBSTANDARD LOTS IN THE R-1 DISTRICT Mayor Harrison reviewed council's recent adoption of the moratorium on building and demolition at substandard lots; he asked the City Planner to review alternatives available for legislation addressing resurrecting lot lines and for the City Attorney to review extending the moratorium on development on existing lots with resurrected lot lines. City Planner reviewed her memo of June 24 which detailed the history of lot sizes and included a map of areas where there are existing substandard lots. She suggested three alternatives to addressing council's concerns: (1) requiring a conditional use permit any time removal of a structure would cause a pre-existing lot line, or lines, to resurrect; (2) neighborhood design review; or (3) revise FAR for all substandard lots. City Attorney reviewed his memo of June 25 which recommended council extend Urgency Ordinance 1544 until October L5 in order to give council and staff time to develop a new ordinance. He noted that when the new ordinance is effective, the moratorium would expire. Mayor Harrison ask for staff to explain the conditional use permit procedure; he acknowledged a total of 21 letters received from residents in opposition to the development on Poppy, and similar developments around the crty. Mayor 1 i Harrison asked about the suggestion for revising FAR and conditional use permits. City Planner responded. Vice Mayor O'Mahony asked if it was possible to meld the conditional use permit procedures listed in the staff report. Councilwoman Knight said she would like to see tougher standards; she wondered about need to extend the moratorium until October 15. Mayor Harrison cautioned residents about a neighborhood garage sale he observed during a site inspection on Poppy, the traffic and parking was so heavy that a fire truck would not have been able to get through the area. Michael McCracken, attorney representing the developer; said he just wanted to be sure the ordinance was uniform and there was rational reason for adopting it; questioned section one of the Urgency Ordinance and reference to May 20 date; noted city issued the demolition permit; wanted to be sure the ordinance does not apply specifically to Mr. Miller. City Attorney said this ordinance applied to the Poppy site any house presently on a lot which will cause more than one lot to be created if it is demolished. City Attorney confirmed for McCracken 2 Mayor Harrison opened the public hearing, asking speakers not to repeat what others have said and noting that each would be limited to three minutes speaking time. Terry Nagle, 2337 Poppy, said one month ago residents on Poppy were happy with the area but now they have an empty lot full of rubble and are horrified to hear that a developer will "shoehorn" three houses onto a lot where one house had been located; the houses are unlike other houses in the neighborhood and are designed to the maximum size allowed; residents are shocked to hear this can be done and that there are 65 other similar lots in the city. Allowing three homes on this Poppy site will decrease the value of other homes; there will be three times the people and cars. They feel notice should be given for demolitions and residents should have input about architectural style; feel the current FAR is too generous. Feel a project should be subject to a conditional use permit and approved before a house on such lots can be demolished to rebuild. Stan Clark, 2501 Poppy, commended Vice Mayor O'Mahony for bringing this issue before council; he was shocked to come home and find the house across the street demolished; he had two goals, to see we get the best possible development at 2500 Poppy, and to see people have a chance to be noticed before this happens again somewhere else in the city. He would like to see a melding of the ideas in the staff report; public notice before demolition, also noted there was a gorgeous huge redwood tree in front of the house which was removed; people are required to get permit and have notice to neighbors before a tree is removed, why not when a house is removed; he showed photograph of a portion of the tree removed showing an 18 inch diameter. Maureen Nerli, 2460 Poppy, said Otto Miller told council he had support of residents and that was not true; residents are upset about having 3 identical houses there; she secured signatures of nearly all residents on Poppy and in the area in opposition to this project; asked the FAR for the whole city be reduced. Linda Abbey, 2419 Adeline, presented two petitions in opposition signed by over 200 residents. Debra Griffin, 2470 Poppy, mentioned impact to schools, parking, sewers, and water. Jim Wahbridge,2233 Hale, is a new resident, said he was very sad about loss of the old house; he told realtor he wanted to live in the Poppy Drive area because of the way it looked; he bought a home built in 1989 and quality is not as good as older homes; has had poor response from builder about construction problems; would like to see some control over destroying beauty of old homes; builders have only financial gain in their heart. Jim Bern, 1450 Carlos, lives in an old 1920 Tudor style home; purchased it because of style; the proposed Mediterranean style houses will depreciate the value other properties. Jeff Byrd, 2505 Poppy, only moved into his home 30 days ago; shocked to see neighboring house demolished; chose to live in this area; have respect for developers and for the process; hope council considers all six options listed under conditional use permit and also brings development on all multiple lots zoned R- 1 under public scrutiny; great many residents signed petitions and none were against the petition. it would apply to all adjacent substandard lots in the city. Mayor Harrison closed the public hearing. Vice Mayor O'Mahony had heard all the comments and would like to see the Conditional Use Permit procedure used to control these developments with A and the six items listed in B of staff report somehow included. Councilwoman Knight agreed but asked about item 6 regarding detached garages and noted many homes in the city have attached garages. City Planner said the old subdivisions have detached garages or split level homes as discussed in report; if a developer wanted a split level with attached garages he would need a conditional use permit, and council would need make findings on the lot. Vice Mayor O'Mahony asked about FAR which includes garages, she also clarified that an additional front setback is required for double door 2 car garages. If each is a single door one must be setback three feet. City Planner reviewed FAR which doesn't affect single car garage, but two car would need to be set back 3 feet. Councilman Spinelli would like to have the Planning Commission take a stronger stand representing the part of city code which mentions that a design should fit into the character of neighborhood. Vice Mayor O'Mahony moved to develop an ordinance to incorporate regulations to require any time demolition of a structure causes property lot lines to reappear a conditional use permit drafted to include the 6 criteria listed in staff report. Councilman Spinelli would like the 1000 SF FAR criteria changed to 500 SF, council concurred. Seconded by Councilwoman Janney and carried unanimously 5-0. City Attorney said the ordinance would be introduced at the next meeting and a public hearing would be held on August 5. Councilwoman Knight moved to extend Urgency Ordinance 1544 by adopting ORDINANCE 1548 Mayor Harrison added a phrase indicating the urgency ordinance would cease when the new ordinance is effective. Seconded by Councilwoman Janney and carried unanimously 5-0. Councilman Spinelli asked that council consider studying the current maximum FAR with idea of reducing it. Mayor Harrison said this could be on the September study agenda. Mayor Harrison called for a recess at 7:55 p.m. The meeting reconvened with all council present at 8:00 p.m. PUBLIC HEARING - THIRD READING - ADOPTION OF ORDINANCE 1543 REYISING REGULATIONS FOR THE M-l GIGHT INDUSTRIAL) DISTRICT City Planner said council should discuss the revisions attached to her staff report of May 24 and hold a public hearing; if council makes substantial revisions it should bring the ordinance back for further review. In 1993 the council was approached by some property owners in the Rollins Road area asking that council appoint a committee to review and modernize the uses and property development standards in the M-l district. Council appointed a committee of five representatives from the area to work with the City Planner: Herman Christensen, property owner and manager; Michael Coffey, commercial realtor; Dick I-avenstein, property owner and manager; Curt Schulze, manufacturer; and Terry Timberlake, property manager for a manufacturer. In October 1995 the committee reported to the Planning Commission on a proposed draft of revisions to the M-l district. The commission studied the draft for several months and made several changes. Mayor Harrison pointed out on page 14 the reference to prohibited business, auto rental should be removed. Councilwoman Knight said she was concerned about restaurants in M-1, for example Tuberose is in a unique area and had become a destination restaurant; she thought restaurants should be kept to 1000 SF and not be free standing businesses and should only be open weekdays. 3 Mayor Harrison thanked the M-1 committee members in the audience and opened the public hearing. Dick Lavenstein, M-1 committee member, recommended some changes to the ordinance. Council accepted some and rejected others. Art Michaels, owner of property in the M-l district, pointed out that a rental car business would not be able to do business from the drainage easement. City Planner said because of traffic impact to Rollins/Broadway intersection during peak hours such businesses could not go into the area. Mayor Harrison pointed out that Michaels' easement area could be used for auto storage. The hearing was closed. Council discussed the regulations and suggested revisions including: that food establishment regulations stay the same except that operations be limited to weekdays; maximum office use in conjunction with a permitted use be 50 percent of the gross floor area, any additional area would be subject to a conditional use permit; that retain sales should occur only inside a building and that display area should be limited to a maximum of 5000 SF; that outdoor treatment of materials not be allowed in front of buildings in the area from Mills Creek to Broadway; that where the primary use is outdoor storage the area used not be allowed to exceed 25 percent of the gross site area; that retain sales as an accessory use to a warehouse use be limited in each business to a single kind of product, such as plumbing fixtures or tile; that automobile rental businesses be removed from the prohibited uses list; that the definition of Accessory use, M-l District, be amended to clarify that permitted outdoor storage uses may use up to 25 percent of the gross site area but other accessory uses which extend to the outside would be limited to 25 percent of the leased tenant space inside the structure. The City Planner noted the need to make several corrections for typographical errors. Councilman Spinelli moved to adopt ORDINANCE 1543 with changes mentioned. Seconded by Councilwoman Janney and carried unanimously 5-0. Mayor Harrison again thanked the M-1 committee members. APPEAL OF PLANNING COMMISSION'S DENIAL OF A REOUEST FOR A SPECIAL PERMIT TO EXPAND AUTO REPAIR BUSINESS AT 1369 ROLLINS - NO ACTION Mayor Harrison informed Steven Wu that council had just made changes to the M-1 district by adopting ORDINANCE 1543 which would allow his request to proceed without a special permit. Wu thanked council. City Planner suggested he come to her office the next day for clarification. PUBLIC HEARING - RESOLUTION 41-96 ADOPTING THE 1996-1997 OPERATING BUDGET AND RESOLUTION 42-96 ADOPTING THE 1996-1997 APPROPRIATION LIMIT City Manager reviewed his memo of June 14 and recommended council hold a public hearing and take action. The City Manager briefly reviewed the proposed 1996-1997 budget which totals $38,323,753; he noted at the budget study session council decided to continue the same Community Group allocations as were approved last year. The general fund budget is up 3.3 percent over last year; the Water, Sewer and Waste Enterprises are up .6 percent; Capital Improvements are down 62 percent; the total budget is down 19.6 percent over last year. Mayor Harrison opened the public hearing. Wendy Nichols, Human Investment Project (HIP), explained her organizations services providing home-sharing oppornrnities for residents; they increase low income housing from the available housing stock; they are requesting $5,000 in funding this year. 4 Frank Kelly, Park & Recreation Commissioner, explained the commission's stand regarding the need for a teen coordinator; they are developing a concrete proposal and a job description; he apologized for the lack of clarity at the budget study meeting; he hoped council would consider funding this request. Mayor Harrison said at the budget study a memo was presented requesting funds but there was no job description; he hoped the group "Burlingame Together" would come up with some programs for teens; he noted Councilwoman Knight wrote a letter to the editor in response to that letter. Ed Larios, Park & Recreation Commissioner, said he wrote a letter to the Editor showing his disappointrnent regarding lack of funding for a teen coordinator; he is very concerned about teens; told of other cities supporting programs for teens; when he signed onto the commission his main concern was teens; he apologized if the letter came across any other way; he knows that council cares and is also concerned about teens. Mike Nilmeyer, Park & Recreation Commissioner, reviewed a seminar he attended about teens and vulnerability to crime; had a real desire to start a teen program. The hearing was closed. Mayor Harrison stated he appeared at the County Supervisors meeting to make a pitch for funding the Convention Bureau; the Board gave full funding of SAMCEDA but only $29,000 to the Convention Bureau; he would like to eliminate the funding budgeted for SAMCEDA and move it to the Convention Bureau. Vice Mayor O'Mahony discussed teen needs; noted 40 percent of BHS students do not live in Burlingame; city already spends money on coordinator at BIS; just because other cities do some- thing, doesn't mean we should do; believe the commission can help by collecting data about teen needs; she would like to see a carefully developed study within the next six months and wondered if there is a person who can define parameters and boundaries for such a study, someone who would have information on the kinds of service we would like to see children get; we also need to think about a site for such a program; mentioned the high school site; she hoped the commission would develop some data; she would not support funding the teen coordinator at this time; she praised the City Manager who held deparunent budget increases to 3 percent. Councilwoman Knight appreciat- ed the Park & Recreation Commission working on this issue; felt there are many ways we can contribute but departments have worked for months to get their budget together and to add another $15,000 at this time is inappropriate; the commissioner's letter to the editor made her uncomfort- able; she attended the Burlingame Together retreat at Tomales Bay this weekend where they addressed this very issue, it was unfortunate someone from the commission was not there. Mayor Harrison asked about transfer of $5,000 from SAMCEDA to the Convention Bureau, council concurred. Councilwoman Janney moved approval of RESOLUTION 4l-96 adopting the 1996-1997 budget. Seconded by Councilwoman Knight and carried unanimously 5-0. Vice Mayor O'Mahony moved approval of RESOLUTION 42-96 adopting the appropriation limit for 1996-1997. Seconded by Councilwoman Janney and carried unanimously 5-0. PUBLIC HEARING - SECOND READING - ORDINANCE 1546 CREATING THE POSITION OF DIRECTOR OF PARKS AND RECREATION AND COMBINING THE PARKS DEPART- MENT AND THE RECREATION DEPARTMENT City Manager reviewed his memo of May 23 which recommended council hold a public hearing and take action. At the last meeting council introduced this ordinance to merge the Park and Recre- ations departments under a Director of Parks and Recreation and make other deparUnental changes. The issue was discussed in more detail at the budget study meeting of June 5. The net savings from the reorganization is approximately $25,000. 5 Mayor Harrison opened the public hearrng. There were no comments and the hearing was closed. Councilwoman Janney moved adoption of ORDINANCE 1546 and carried unanimously 5-0. Seconded by Councilman Spinelli City Attorney reviewed his memo of May 21 which recommended council hold a public hearing and take action. This ordinance will add further amendments to the building code which were omitted when the revised building code was adopted in January. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Councilwoman Janney moved adoption of ORDINANCE 1545. Seconded by Councilwoman Knight and carried unanimously 5-0. PUBLIC HEARING - SECOND READING - ORDINANCE 1547 AMENDING REGULATION OF PARKING OF VEHICLES OF EXCESSIVE HEIGHT City Attorney reviewed the Public Works memo of May 22 which recommended council hold a public hearing and take action. This ordinance will amend our parking code regarding vehicles of excess height. Our code currently prohibits parking vehicles over five feet in height from certain zones and the State vehicle code says six feet. This ordinance will change our code to conform with State code to prohibit vehicles over six feet in height from "vision safety zones." Mayor Harrison opened the public hearing. There were no comments and the hearrng was closed Councilwoman Janney moved adoption of ORDINANCE 1547. Seconded by Vice Mayor O'Mah- ony and carried unanimously 5-0. RUBBERIZED RESURFACING OF RAILROAD CROSSINGS - CP 9423 - ENVIRONMENTAL HEARING - RESOLUTION 43-96 APPROVING SAME City Manager reviewed the Public Works memo of June 24 which recommended council hold a public hearing and take action. The city is about to enter into an agreement with Menlo Park, Redwood City, San Mateo, the County of San Mateo and the Joint Powers Board (IPB) to resurface 15 railroad crossings. The crossings in Burlingame would be Broadway, Oak Grove, Howard and half of Peninsula. Burlingame's cost would be $52,500. A public hearing is required to obtain an environmental clearance for this project. Redwood City will be designated as the lead agency to process a right-of-way clearance which will allow Caltrans to obligate the project for funding. The city is required to hold an environmental hearing for this project. Construction is expected to begin in February 1997 with Broadway being at the top of the list. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Councilman Spinelli moved adoption of RESOLUTION 43-96. Seconded by Vice Mayor O'Mahony and carried unanimously 5-0. 6 PIJBLIC HEARING - SECOND READING - ORDINANCE 1545 ADDING ADMINISTRATIVE PROVISIONS TO THE BI.IILDING CODE PUBLIC COMMENTS Glenn Mendelson, 1816 Barriolhet, said the Final BART EIR has been released and it is time to take a stand; BART has uncertain funding and will jeopardize Samtrans and Caltrain; he represents an organization called COST with 400 members; they are asking council to join COST in litigation against BART; they are willing to let council join for $1 as co-petitioners. Bob Johnson, 1133 Killarney, said council has the option to join COST in the litigation; with council joining them they would be stronger; there are a large number of Burlingame Village residents who are concerned about BART; they have been waiting for council to answer Senator Kopp and Supervisor Nevin who suppofr BART. Irv Amstrup, 2708 Trousdale, agreed with speakers, city has to stand together; Mills Estate area will be hard hit if BART goes to Millbrae; people are waiting to hear from council; BART would ruin Burlingame. A lady from the Village area spoke in opposition to BART. Todd Becker, resident, said he agreed with speakers; FTC will fund 30 percent of the BART project and asked BART to look at its numbers; think suing BART will force them to look at numbers. Two other residents spoke in opposition to BART. Peter Young, 825 Jefferson, San Mateo, said his street is across the street from Putnam Mazda; though he is a resident of San Mateo he is affected by things that happen in Burlingame; Putnam impacts his residential area by customers and employees parking cars on his street; their parking is not adequate; they produce a lot of noise, even late at night; car carriers park on Peninsula Avenue and unload, completely blocking one side of street and forcing cars to cross double yellow line to get around, why don't they unload on a side street; they road test vehicles on his residential street; issue of children's safety. City Attorney said the most effective way to stop this behavior is to have the Police catch them at it. Young said Putnam did not care about being a neighbor; he offered to make a video of the misbehavior; in four years the problems have increased; Putnam is a successful business and should be held accountable for its actions. Councilman Spinelli asked if police could observe this area or work with San Mateo police. Staff noted the Putnam use permit would be coming to the Planning Commission shortly. DETERMINATION ON PARKING REOUIREMENTS FOR PROJECT AT 11OO HOWARD AVENUE City Attorney reviewed his memo of June 12 which requested council action to direct staff regarding parking requirements at 1100 Howard. At the April 15 meeting, Joe Karp, owner of property at 1100 Howard, raised the issue of the parking requirements for future uses of that properry. He is currently building a 6800 SF commercial space at that site. Planning staff commented on the plan check for this project that "any future restaurant use may require a parking variance and/or use permit. " Karp objected to this statement on the basis that he has a 20 space "credit" as part of the 1992 settlement agreement with the clty. In effect his position is that he has a continuous "bank" of 20 parking spaces which can be used to meet the parking requirements of any future use on this property. The attorney was concerned that this interpretation was an alteration of the 1992 settlement agreement and council needed to be fully appraised of the agreement's contents and the applicable city policy. Additionally, if it was the intention to alter the 1992 agreement, council needed to put the subject on an agenda for a formal decision. Mayor Harrison recalled the settlement agreement and entertained a motion that the 1992 settlement agreement vests the property with a "bank" of 20 parking spaces. Vice Mayor O'Mahony so moved and Councilwoman Janney seconded the motion which carried unanimously. 7 b CONSENT CALENDAR a INTRODUCTION OF ORDINANCE 1549 REVISING ANTENNA REGULATIONS City Planner's memo of June 24 recommended council introduce this ordinance and set hearing for the July 15 meeting. The FCC has revised regulations that set the parameters on local regulation of satellite dish antennae. In light of these changes, staff is proposing substantial revision of the city's present regulations. Currently every satellite and ham antenna requires an antenna permit; antennas that do not conform with the basic standards, require an antenna exception. This proposed ordinance eliminates the requirement for an antenna permit but for certain cases retains the requirement for an antenna exception. SERVICES FOR 1996 STREET RESURFACING PROJECT - CP 9518 Public Works memo of June 11 recommended council approve an agreement with Testing Engineers in the amount of $14,500 for testing and technical inspection of this year's road resurfacing program. RESOLUTION 45-96 AWARDING CONTRACT FOR VICTORIA PARK PLAYGROUND IMPROVEMENTS - CP 9617 Park & Recreation Director's memo of June 2L recommended council award this contract to J.M. Construction in the amount of $48,450 for rehabilitating the playground at Victoria Park to comply with ADA requirements and safety guidelines. d. RESOLUTION 46-96 AUTHORIZING RENEWAL OF SHUTTLE BUS CONTRACT Finance Director's memo of June L7 recommended council approve renewing the agreement for shuttle bus services with Empex Ventures DBA Industrial Passenger Services. The cost of the contract is estimated at $11,100 per month and is fully funded by a grant from the San Mateo County Transportation Authority and AB 434 funds. 47 CLE PURCHASES Finance Director's memo of June 25 recommended council approve a resolution authorizing submiual of an application for BAAQMD funding for four electric vehicles. The grant would provide $104,000 for vehicles for Building, Engineering, Fire and Police. c Ae. DISCHARGE ELIMINATION SYSTEM NPDES) Public Works memo of June 19 recommended council endorse the budget adopted by CCAG and use the San Mateo County Flood Control District as the funding mechanism to support 8 Councilman Spinellipointed out anerror inthe item "1" staff report: the amount shown as $116,000 should be $16,000. f. RESOLUTION 48-96 RECOMMENDING THE COUNTY FLOOD CONTROL DISTRICT (}b h 1. J k. I general program undertaken for the benefit of cities involved with the implementation of the NPDES Stormwater Management Plan. The Flood Control District will charge a fee of $0.3127 per 1,000 SF of parcel which would result in a tax rate for all single family residences of $3.44 per parcel. RESOLUTION 49-96 AWARDING CONTRACT FOR RODENT CONTROL IN CREEK AND DRAINAGE AREAS - CP 917 Public Works memo of June 24 recommended council award this project to Dewey Pest Control in the amount of $16,648 for rodent control in creeks and drainage areas. RESOLUTION 50-96 ACCEPTING COMPLETION OF A PORTION OF LANDFILL REGRADING AND GAS SYSTEM INSTALLATION - CP 9117 Public Works memo of June 26 recommended council accept as completed the project by Ghilotti Brothers Construction at a cost of $3,860,000. The final construction cost to date includes a number of change orders due to unanticipated conditions encountered in the landfill. The remainder of the project, the permanent flare portion of the project will take another 21 weeks and cost approximately $115,000. RESOLUTION 51-96 AUTHORIZING AGREEMENT FOR SERVICES - COWAN AND MARSTEN PUMP STATION IMPROVEMENTS - CP 9618 Public Works memo of June 26 recommended council approve an agreement with Winzler & Kelly in the amount of $38,798 for professional engineering services for this project. RESOLUTION 52.96 AUTHORIZING AGREEMENT FOR SERVICES - GILBRETH PUMP STATION EMERGENCY POWER AND UPGRADE - CP 9421 Public Works memo of June 26 recommended council approve an agreement with Winzler & Kelly in the amount of $37,155 for professional design and inspection services. RESOLUTION 53-96 AUTHORIZING AGREEMENT FOR SERVICES FOR MILLS CANYON STORM DRAIN REALIGNMENT AT TOLEDO COURT - CP 9607(1) Public Works memo of June 26 recommended council approve an agreement with Wilsey & Ham in the amount of $16,700 for professional engineering services for this project. CANYON SLIDE REPAIR NEAR TOLEDO COURT . CP 9707(2) Public Works memo of June 26 recommended council approve an agreement with Wilsey & Ham in the amount of $16,000 for professional services for this project. RESOLUTION 55-96 AUTHORIZING AGREEMENT FOR SERVICES FOR MILLS CREEK DEBRIS REMOVAL - CP 9607(3) Public Works memo of June 26 recommended council approve an agreement with Wilsey & Ham in the amount of $31,400 for professional services for this project. L 9 m. n. o. DENIAL OF CLAIMS: (1) MATHEW ZAHERI: (2) ANGELO DELLACASA: (3) FRANCES KAWAGUCHI: (4) STATE FARM INSURANCE (5) NAHEED MANGI City Attorney's memos of June 3 to June 10 recommended council deny the claims for (1) the tree falling on California Drive; (2) alleged injury during an arrest; (3) a sewer backup; (4) a sewer backup; and (5) alleged civil rights violation. END OF YEAR BUDGET TRANSFERS Finance Director's memo of June 25 recommended council transfer $57,000 from contingen- cy appropriations for the City Attorney's budget to cover litigation costs and $10,000 from non-departmental to Personnel for recruiting and training costs. p. ENCROACHMENT PERMIT FOR PICKET FENCE AT 2205 RAY DRIVE Public Works memo of June 20 recommended council approve this permit subject to usual conditions and an additional condition that the 8 feet adjacent to the driveway be lowered from 4 feet to 3 feet in height, the owner is agreeable to this condition. q. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 44040 - 44507, duly audited, in the amount of $1,264,750.43 and Payroll Checks 86219 - 87282 for the month of May 1996 in the amount of $1,733,251.27. Vice Mayor O'Mahony moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously. Vice Mayor O'Mahony attended CCAG. Mayor Harrison mentioned that Vice Mayor O'Mahony had been elected Vice Chair of CCAG. Councilman Spinelli attended Emergency Services. Councilwoman Knight attended the legislative committee meeting, she reviewed AB 3407 and said it looked like SB 1590 would fail. Councilwoman Janney had been on vacation. Mayor Harrison attended CMAC for Councilwoman Janney; also the Chamber Community Picnic meeting and Convention Bureau Board meeting; Airport Land Use Commission and a meeting with a new arts group which is looking for support. OLD BUSINESS - None NEW BUSINESS Councilman Spinelli reported the Smoke Shop has installed juice machines; reported weeds at the end of the Broadway Caltrain parking lot. 10 b c ACKNOWLEDGEMENTS a.Commission Minutes: Broadway BID, May 13 and June 11; Park & Recreation, May 16; Senior, May 16; Traffic, Safety and Parking, June 13; Beautification, June 6; Planning, June 10 and h,ne 24, t996. Deparfinent Reports: Building, May 1996; Treasurer, May 31, 1996. ktters from residents on Poppy Drive regarding proposed development at 2500 Poppy: Flanagan, Prevot, Stritenberger, Gaenslen, Delorenzi, Nerli, Nagle, Daley, Mullan, Casey, Rouse and Nagle. Open leffer from the City of Millbrae to elected officials regarding 'BART Board of Directors Should be Appointed not Elected. " ktter from Mary Williams regarding airport noise Letter from Irv Amstrup regarding the '3 COM PARK" freeway sign and suggesting our city request a similar freeway sign directing people to our airport hotels. Mayor Harrison noted the 3 COM PARK is a national destination and questioned whether our hotels would merit such a sign. g. ktter from Ruth Jacobs regarding weeds in Mills Canyon area. Mayor Harrison noted he mentioned at the budget meeting about bringing work furlough laborers to clean up that area. h. ktter from Ross Butler regarding the cable television fee increase. i. lrtter from Mr. & Mrs. Mirades regarding the condo project at 107-l2l El Camino. j. Letters from Patricia Gray regarding loss of small homes in our city. k. Letter from Ario Gregori relating fear of BART noise. CLOSED SESSION At 10:04 p.m. Mayor Harrison adjourned the meeting to a closed session regarding (a) potential litigation, BART; (b) litigation: 1) Cannon v Burlingame and 2) Flick v Burlingame et al; (c) labor negotiations with Fire Fighters, Public Service Employees, Middle Managers; Deparffnent Heads and Unrepresented Employees; and (d) personnel matters: 1) public works director and 2) city attorney. At 11:08 p.m. Mayor Harrison reconvened the meeting and announced council had voted 3-2 not to join COST in proposed litigation with BART over the EIR. Councilwoman Knight and Councilman d. e f L1 RECONVENE OPEN MEETING Spinelli favored litigation and Mayor Harrison, Vice Mayor O'Mahony and Councilwoman Janney opposed it. Council also authorized settlements in lawsuits for Cannon v Burlingame in the amount of $22,500 and for Flick v Hillsborough, Burlingame et al in the amount of $12,500. Council also approved labor agreements with the Association of Department Heads and the Unrepresented Employees. These are for two year agreements with 2.5 percent salary increases each year. ADJOURNMENT IN MEMORY OF BILL CROSBY. MARTY WELSH AND STAN DELZELL Mayor Harrison noted with sadness the death of former councilman and mayor Bill Crosby who served on the city council for over 20 years. Two other prominent citizens passed away recently, Marty Welsh and Stan Delzell. After a moment of silence in their memory, the meeting was adjourned at 11:10 p.m. Judith A. Malfatti City Clerk t 12